31 October 2019
38.Section 8 inserts a new section 2E (ministerial duties following request for advice) into the 2009 Act. The following paragraphs refer to the subsections of new section 2E.
39.Subsection (1) imposes a duty on the Scottish Ministers to publish any advice received in response to a request under section 2C(1) or 2D(1) of the 2009 Act as soon as reasonably practicable after they receive it.
40.Subsection (2) provides that the duty in subsection (3) applies in the event that:
the relevant body’s advice states that a particular year is the earliest achievable year for the net-zero emissions target, and
that year is not already the net-zero emissions target year.
41.In this event, subsection (3) imposes a duty on the Scottish Ministers to publish a statement within 3 months setting out how they intend to respond to that advice. It also requires that in the event that the Scottish Ministers do not, within 12 months of receiving that advice, lay draft regulations under section A1(3) of the 2009 Act to modify the net-zero emissions target year to the particular year referred to in subsection (2)(a), the Scottish Ministers must make a statement to the Scottish Parliament setting out the reasons for not doing so.
42.Subsection (4) provides that the duty in subsection (5) applies in the event that the relevant body’s advice states that a percentage figure for an interim target applying when the request is made is not appropriate and that another figure would be appropriate. In this event, subsection (5) imposes a duty on the Scottish Ministers to publish a statement within 3 months setting out how they intend to respond to that advice. It also requires that in the event that Scottish Ministers do not, within 12 months of receiving that advice, lay draft regulations under section 2A(1) of the 2009 Act to make the advised modification to that percentage figure, they must make a statement to the Scottish Parliament setting out the reasons for not doing so.
43.Subsection (6) provides that the duty in subsection (7) applies in the event that:
the relevant body’s advice states that, for a greenhouse gas, the multiplier figure reflecting the direct and indirect non-carbon dioxide climate change impacts of emissions at altitude from international aviation applying when the request is made is not appropriate and that another figure would be appropriate, and
the Scottish Ministers do not, within 12 months of receiving that advice, lay for approval a draft order under section 16(1) of the 2009 Act making the advised modification to that multiplier figure.
44.In this event, subsection (7) imposes a duty on the Scottish Ministers to publish a statement setting out the reasons for not laying for approval a draft order under section 16(1) of the 2009 Act making the advised modification to that multiplier figure.